Legal Roundup October 2021 – January 2022

About the author(s):

Andrea Farrés Jiménez is a qualified Spanish lawyer specialized in international humanitarian law, international security and arms control. She graduated from the Graduate Institute of International and Development Studies in 2019 with a master’s in International Law. Her master’s thesis focused on the impact that new technologies and artificial intelligence have on IHL targeting principles. She worked as a legal expert for the Norwegian Refugee Council, the Spanish Permanent Mission in Switzerland and in The Netherlands, and the World Organization Against Torture, among other organizations. She has published on issues related to arms controls, gender, new technologies and the IHL targeting principles.

We are very pleased to present the legal roundup for October 2021 – January 2022, that contains publications on issues related armed groups and international law, non-international armed conflict and transitional justice. It was prepared by Andrea Farrés, and it was finalised with input from Ezequiel Heffes and Katharine Fortin.

If you have a 2021 publication which you think should be included in this roundup, please do not hesitate to contact the editors of the blog, Katharine Fortin and Ezequiel Heffes.

Please note that due to paywalls and your institution’s permissions, the given link may not always take you to the text of the article. The Armed Groups and International law blog has published legal roundups since 2012. For previous versions of the legal roundup, see here.

Armed Non-State Actors, NIACs and International Law

Arman, Jemma, State responsibility for community defence forces gone rogueInternational Review of the Red Cross, 2021, Volume 102, Issue 915, 1099-1123

de la Bourdonnaye, Thibaud, Greener insurgencies? Engaging non-State armed groups for the protection of the natural environment during non-international armed conflictsInternational Review of the Red Cross, 2021, Volume 102, Issue 914, 579–605.

Clayton, Govinda and Sticher, Valerie, The Logic of Ceasefires in Civil WarInternational Studies Quarterly, 2021, Volume 65, Issue 3, 633–646.

Crawford, Emily, Non-Binding Norms in International Humanitarian Law: Efficacy, Legitimacy, and Legality, Oxford University Press, 2021.

Dols García, Ana, Armed groups, IHL and the invisible world: How spiritual beliefs shape warfareInternational Review of the Red Cross, 2021, Volume 102, Issue 915, 1179–1199.

Faulkner, Christopher M, and Doctor, Austin C, Rebel Fragmentation and the Recruitment of Child SoldiersInternational Studies Quarterly, 2021, Volume 65, Issue 3, 647–659.

Herbet, Irénée and Drevon, Jérôme, Engaging armed groups at the International Committee of the Red Cross: Challenges, opportunities and COVID-19International Review of the Red Cross, 2021, Volume 102, Issue 915, 1021–1031.

Krieger, Heike, Law-Making and Legitimacy in International Humanitarian Law, Edward Elgar, 2021.

Nassif, Hicham Bou,  Rethinking Pathways of Transnational Jihad: Evidence from Lebanese ISIS RecruitsSecurity Studies, 2021, Vol 30, Issue 5, 797-822.

Nilsson, Desirée and Svensson, Isak, The Intractability of Islamist Insurgencies: Islamist Rebels and the Recurrence of Civil WarInternational Studies Quarterly, 2021, Volume 65, Issue 3, 620–632.

Nuñez Pastor, Mayra, Behind the legal curtain: Social, cultural and religious practices and their impact on missing persons and the dead in Colombia, International Review of the Red Cross, 2021, Volume 102, Issue 914, 721–743.

Sangroula, Yugichha, Investigating the Jana Adalat of the 1996–2006 armed conflict in NepalInternational Review of the Red Cross, 2021, Volume 102, Issue 914, 789–806.

Slim, Hugo, Solferino 21: Warfare, Civilians and Humanitarians in the Twenty-First Century, Hurst 2022.

Schwab, Regine, Escalate or Negotiate? Constraint and Rebel Strategic Choices Towards Rivals in the Syrian Civil WarTerrorism and Political Violence, 2021, advance access.

Vanhullebusch, Matthias, The Law of International Humanitarian Relief in Non-International Armed Conflicts, Brill Nijhoff, 2021.

Wilkes, Christine, Implicated in Violence: Socio-legal approaches to international humanitarian law and international criminal law, forthcoming in London Review of International Law.

Conflict classification

Heinkelmann-Wild, Tim and Mehrl, Marius, Indirect Governance at War: Delegation and Orchestration in Rebel SupportJournal of Conflict Resolution, 2021, Volume 66, Issue 1, 115–143.  

Rebel governance 

Bamber, Matthew, ‘Without us, there would be no Islamic State’: the role of civilian employees in the Caliphate, CTC Sentinel, 2021, Volume 14, Issue 9

Conrad, Justice, Reyes, Liana Eustacia, Stewart, Megan A., Revisiting Opportunism in Civil Conflict: Natural Resource Extraction and Health Care ProvisionJournal of Conflict Resolution, 2021, Volume 66, Issue 1, 91-114

Fortin, Katharine, Of Interactionality and Legal Universes: A Bottom-Up Approach to the Rule of Law in Armed Group TerritoryUtrecht Law Review, 2021, Volume 17, Issue 2, 26-41.

Non-State Armed Groups, International Responsibility and Reparations

Dumberry, Patrick, Rebellions and Civil Wars. State Responsibility for the Conduct of Insurgents, Cambridge University Press, 2021.

International Criminal Law

Ghazi Janaby, Mohamad and Aubais Alfatlawi, Ahmed, UN Efforts to Make ISIS Accountable for International Crimes: The Challenges Posed by Iraq’s Domestic LawInternational Criminal Law Review, 2021, Volume 21, Number 6, 1103–1134.

Targeting and Detention

Cantin, Marc-Olivier, Pathways to Violence in Civil Wars: Combatant Socialization and the Drivers of Participation in Civilian TargetingInternational Studies Review, 2021, Volume 23, Issue 4, 1566–1594.

Jang, Won, For whom the bell of proportionality tolls: Three proposals for strengthening proportionality complianceInternational Review of the Red Cross, 2021, Volume 102, Issue 914,  629–657.

Mignot-Mahdavi, Rebecca, Rethinking Direct Participation in Hostilities and Continuous Combat Function in Light of Targeting Terrorist GroupsInternational Review of the Red Cross, forthcoming, SSRN.

Piatkowski, Mateusz, War in the Air from Spain to Yemen: the Challenges in Examining the Conduct of Air BombardmentJournal of Conflict and Security Law, Vol 26, Issue 3, 493-524.                            

Plamenac, Jelena, Unravelling Unlawful Confinement in Contemporary Armed Conflicts: Belligerents’ Detention Practices in Afghanistan, Syria and Ukraine, Brill Nijhoff, 2022.

Rossouw, Vaughn, “Or any other similar criteria”: Towards advancing the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflictInternational Criminal Law Review, 2021, Volume 21, Issue 6, 765–787.

Voudouri, Ioanna, Who is a civilian in Afghanistan? International Review of the Red Cross, 2021, Volume 914, 893-922.

Transitional Justice and Peacebuilding

César Rojas-Orozco, The role of international humanitarian law in the search for peace: Lessons from ColombiaInternational Review of the Red Cross, 2021, Volume 102, Issue 914,  705–720.

Hossein Mojtahedi, Mohammad, and van Wijk, Joris, Islamic Law and the Balancing of Justice and Peace in Iraq’s Post-IS LandscapeInternational Journal of Transitional Justice, 2021, Volume 15, Issue 2, 407–427. 

Igreja, Victor, Negotiating the Legacies of Intragroup Violence in Timor LesteInternational Journal of Transitional Justice, 2021, Volume 15, Issue 2, 309–331.

Lostal, Marina, Implementing Reparations in the Al Mahdi Case: A Story of Monumental Challenges in Timbuktu, Journal of International Criminal Justice, 2021, Volume 19, Issue 4, 831-853.

Owiso, Owiso, Seeking ‘Truth’ After Devasting, Multi-Layered Conflict. The Complex Case of Transitional Justice in South SudanJournal of International Humanitarian Legal Studies, 2021, Volume 12, Issue 2, 251-278.

Walker, Lee Demetrius, Martinez, Melissa, and Pace, Christopher, Gender, Internal Armed Conflict, and High Court Decision-Making in Transitioning SocietiesInternational Studies Quarterly, 2021, Volume 65, Issue 3, 782–797.

Weber, Sanne, Defying the Victim-Perpetrator Binary: Female Ex-combatants in Colombia and Guatemala as Complex Political PerpetratorsInternational Journal of Transitional Justice, 2021, Volume 15, Issue 2, 264–283.

Reports

De Graaf, Beatrice, and Yayla, Ahmet S., The ISIS Files. Policing as Rebel Governance: The Islamic State Police, George Washington University

Jackson, Ashley, and Weigand, Florian, Beyond Greed: Why Armed Groups Tax, Overseas Development Institute

Srovin Coralli, Ana, Non-State Actors and Enforced Disappearances: Defining a Path Forward, Geneva Academy of International Humanitarian Law and Human Rights

Explosive Weapons with Wide Area Effects: A Deadly Choice in Populated Areas, ICRC

“No Forgiveness for People Like You”, Executions and Enforced Disappearances in Afghanistan under the Taliban, Human Rights Watch

“They Are Destroying Our Future”, Armed Separatist Attacks on Students, Teachers, and Schools in Cameroon’s Anglophone Regions, Human Rights Watch

The Interrelationship between Counter-Terrorism Frameworks and International Humanitarian Law, United Nations Security Council Counter-Terrorism Committee Executive Directorate, January 2022

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